Courts & Cases

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Bottles of Starkey Spring Water at the Whole Foods in Vernon Hills. Last week a federal judge tossed a consumer fraud lawsuit against grocery company and its marketing subsidiary that alleged it misled Illinois customers on the premium brand of water, saying it contains high levels of arsenic. – Marc Karlinsky/Chicago Daily Law Bulletin

Judge: Consumer fraud suit against Whole Foods didn’t hold water

A federal judge dismissed a consumer fraud suit against Whole Foods on Friday, finding the plaintiffs didn’t show how the grocery chain mislead Illinois consumers on a premium brand of water.
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Southwest employee exempt from arbitration

A Southwest Airlines Co. employee is entitled to take a dispute with the airline before a judge, a federal appeals court held Wednesday.
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Suit takes on direct sales of electric cars

SPRINGFIELD — The Illinois Automobile Dealers Association has filed a lawsuit against Illinois Secretary of State Jesse White’s office, alleging that White is allowing unlicensed, unregulated dealers to operate in Illinois, in violation of state law.

Trial Notebook

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Bank sued for opening safe deposit box

J.P. Morgan Chase Bank invoked the Moorman Doctrine — the rule that “a plaintiff may not recover for solely economic loss in tort,” Fattah v. Bim, 2016 IL 119365 — when Jay Li sued for ordinary and gross negligence after the bank drilled his safe deposit box and allegedly let an imposter abscond with two Rolex watches and $71,200 in cash. Li’s response to Chase’s motion to dismiss conceded his complaint did not allege any of the three exceptions to the economic loss rule that the Illinois Supreme Court adopted in Moorman Manufacturing v. National Tank Co., 91 Ill.2d 69 (1982). But U.S. District Judge Robert M. Dow Jr. — applying the rationale of Mutual Service Casualty Insurance Co. v. Elizabeth State Bank, 265 F.3d 601 (7th Cir. 2001) (“as with attorneys and accountants, the law has long imposed on banks a duty of reasonable care, and that duty is so entrenched that the Uniform Commercial Code does not permit the parties to a banking contract to abandon it”) — declined to toss the negligence claim.

Case Summaries

7th Circuit Opinions

Illinois Supreme Court Opinions

Chicago Daily Law Bulletin
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